2019 New York State Environmental Scorecard An Insider’s Guide to the Environmental Records of New York State Lawmakers Back To Work Fifty years ago, New York’s leading environmental groups came together in Albany and gave rise to the “Environmental Planning Lobby” or “EPL.” Since that time, this organization — and our sister organization Environmental Advocates of New York — have been working to pass legislation that protects New Yorkers’ health and environment, as well as stop legislation that would cause them harm. For decades, our Scorecard has been a tool to hold legislators accountable to New Yorkers and the environment by reporting on their environmental voting record. During this half century, New York has enacted some remarkable environmental laws, such as the Adirondack Park Agency Act (1973), the State Environmental Quality Review Act (1975), the creation of the State Superfund (1982), the “Bottle Bill” (1983), the creation of the Environmental Protection Fund (1993), and most recently, the Climate Leadership and Community Protection Act. Yet, for the past 15 years, our Scorecard has lamented a lack of environmental progress. 2005 – “The Assembly scores… But the Senate strikes out…” 2006 – “ But that’s how things work in Albany. Voters send 62 senators to Albany to make decisions, but only a handful of those senators’ opinions count. The result — good legislation gets bottled up and environmental concerns go unresolved, year after year.” 2010 – “ The Senate also has a to-do list. Despite strong bipartisan support from 30 co-sponsors, legislation to cut climate pollution languishes in committee.” 2014 – “ The Senate Environmental Conservation Committee has rapidly become a place where the environmental community’s priorities hit a brick wall.” 2018 – “ ...the Senate continues to be a place where big, bold environmental ideas go to die.” During this time, important legislation that would have tackled climate change and protected our children from toxic chemicals sat around gathering dust. It is clear that the past Senate Republican Leadership was the roadblock in preventing vital environmental legislation. Nation-leading environmental measures, the stu! be"tting of the Empire State, died in committees without even a vote. Empowered by both the Independent Democratic Conference (IDC) and 2016 Oil Slick winner Senator Simcha Felder, the Senate Republican Leadership were content to bury meaningful environmental legislation under a pile of their own indi!erence. However, all of that changed after the 2018 elections, when the voters of New York handed control of the Senate to Democrats. #e new leadership brought tangible results for our environment and our Scorecard re$ects the work of a Legislature that values and prioritizes the environment and health of New Yorkers. #is year’s 2019 Scorecard brings us renewed hope and excitement that the New York State Legislature has gotten back to work in reclaiming its status as a national environmental leader. 2 Table of Contents EPL/Environmental Advocates 2019 Session Overview 4 Oil Slick 7 353 Hamilton Street Senate Scores 10 Albany, NY 12210 Assembly Scores 14 www.eplscorecard.org Bill Summaries 23 How to Support Our Work 27 @Green_Scorecard About EPL/Environmental Advocates EPL/Environmental Advocates was formed in 1969 as one of the "rst organizations in the nation to advocate for the future of a state’s environment and the health of its citizens. As the environmental conscience of New York, EPL/Environmental Advocates through its advocacy, watchdogging, coalition building, education, and policy expertise, has been ensuring that environmental laws are enacted and enforced, anti-environmental laws are defeated, and public participation in environmental policy debate occurs in a meaningful way. EPL/Environmental Advocates is a non-pro"t corporation tax exempt under section 501 (c) (4) of the Internal Revenue Code. How to Read the Scorecard: Correct Environmental Vote Bill Description Incorrect Environmental Vote Senate Scores 16 23 KEY: ✓ - Correct environmental vote, S. y | X - Incorrect environmental vote 23 n | 85 -A B A 1 S. (includes unexcused absences), 1- 12 23 9- 18 t | S. N - Not in offi ce/excused (not scored), S. Loophole S.50 ohibitio S.56 Ac S.43 Communit INC - Incomplete score, N/A - Not in Offi ce. 72 l | e | s | n t | d Pr 17 st Al 20 am r an Ac 23 tion S. ntio Positive Environmental Impact C Zone Fo S. illing ec te 7- s Wa .5343 e e Fo ot s | ship Dr Re s g | A Pr oducts ghting S.6599 S.333 n | S Ga fi Right Justic Justic 70 zardou l ergy shin l l l t | Leader fi | Ba fe Pr 22 Ha En e Fire er Party & District Ac ys Stream e Sa e os e Ov d th bl Natura Pa re of t yrif t|S tion g d er -F wa Climat Cs en Chil hI ec an S llut AS vironmenta vironmenta vironmenta e B- l as Prev Rene Prot En PF En Closin S.3392 A- Po En NY Th Chlorp Oi Tr 2019 2018 123456 789101112131 Score Score Elizabeth O'C. Little (R-45/Glens Falls) 63 68 XX✓✓XX X ✓✓✓✓✓✓✓ John C. Liu (D-11/Bayside) 100 N/A ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Monica R. Martinez (D-3/Hauppauge) 100 N/A ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Rachel May(D-53/Syracuse) 100 N/A ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Shelley Mayer(D-37/Port Chester) 100 92 ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Jen Metzger(D-42/Middletown) 100 N/A ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Velmanette (D-25/Brooklyn) 100 96 ✓✓✓✓✓✓ ✓ Exc ✓✓✓✓Exc ✓ Montgomery Zellnor Y. Myrie(D-20/Brooklyn) 100 N/A ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Thomas F. O'Mara (R-58/Elmira) 58 68XX✓ XXXX X ✓✓✓✓✓ ✓ Robert G. Ortt (R-62/Lockport) 49 68 XX✓ XXXX X ✓✓✓✓✓ ✓ 3 Kevin S. Parker (D-21/Brooklyn) 100 100 ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Roxanne J. Persaud(D-19/Brooklyn) 100 96 ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Jessica Ramos(D-13/East Elmhurst) 100 N/A ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Michael H. (R-61/Williamsville) 56 68 XX✓ XX✓ XX✓✓✓✓✓ ✓ Ranzenhofer Patricia A. Ritchie(R-48/Watertown) 66 68 XX✓ XX✓ X ✓✓✓✓✓✓✓ Gustavo Rivera (D-33/Bronx) 100 100 ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Joseph E. Robach (R-56/Rochester) 76 68 X ✓✓ XX✓✓ ✓✓✓✓✓✓✓ Julia C. Salazar(D-18/Brooklyn) 100 N/A ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ James Sanders, Jr.(D-10/South Ozone 100 100 ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Park) Diane J. Savino (D-23/Staten Island) 100 76 ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Luis Sepulveda(D-32/Bronx) 97 INC ✓✓✓✓✓✓ ✓✓Exc ✓✓✓✓✓ Susan J. Serino (R-41/Hyde Park) 74 68 XX✓✓✓✓ X ✓✓✓✓✓✓✓ José Serrano(D-29/Manhattan) 100 80 ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ James L. Seward (R-51/Oneonta) 62 68 XX✓ X ✓✓ XX✓✓ X ✓✓✓ James Skoufi s(D-39/New Windsor) 97 N/A ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Toby Ann Stavisky (D-16/Flushing) 100 76 ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Andrea Stewart- (D-35/Yonkers) 100 88 ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Cousins James N. Tedisco(R-49/Clifton Park) 68 68 XX✓ X ✓✓ XX✓✓ X ✓✓✓ Kevin M. Thomas (D-6/Garden City) 100 N/A ✓✓✓✓✓✓ ✓✓✓✓✓✓✓ ✓ Catharine M. Young(R-57/Olean) INC68 N/AN/A N/AN/A N/AN/A N/AXN/AN/A N/AAbs ✓ N/ 12 2019: Overview #e progress New York made to achieve greater environmental protections this session is undeniable. What we saw in 2019 was a growing green ethos in the face of continued environmental crises and the dismantling of national environmental laws and regulations. #e Trump administration’s assault on the environment, denial of science, and siding with industry and big business, has left a gaping hole in leadership that states like New York must "ll. New Yorkers are keenly aware that toxic “forever chemicals” are in"ltrating our drinking water at alarming rates; air pollutants are still impacting our communities; and our climate is rapidly warming, which is contributing to damaging storms, record $ooding and deadly heat waves. #e Legislature "nally and meaningfully acknowledged these problems by passing the most signi"cant environmental laws in a generation. #e environmental wins of the 2019 legislative “In 2013, state legislators seemed more session started in the budget process, where interested in gamesmanship and political the Legislature and Governor agreed to include $500 million in new funding for clean water power plays than working together to get infrastructure projects, ban plastic bags, and anything accomplished – an extremely commit to a congestion pricing plan that will invest disappointing turn of events following the in the state’s mass transit system while removing devastating toll that Superstorm Sandy and pollution-spewing tailpipes from the road. other severe weather events had on many About a month later, the Legislature honored Earth communities statewide.” Day by passing a suite of legislation, including: – 2013 EPL Scorecard a bill that seeks to amend the New York State Constitution to guarantee New Yorkers a right to clean air and water; a phase out of the use of chlorpyrifos, a dangerous pesticide; a ban on PFAS chemicals in "re-"ghting foam, a major cause of source water contamination; and a ban on the use of toxic chemicals in children’s toys and products. Unbelievably, the Child Safe Products Act, legislation that would protect babies and children, languished without a vote for years, being a victim of the old Senate Leadership’s regrettable apathy. #is year, the bill passed the Senate with just nine NAY votes and no debate. Finally, at the end of the session, the Legislature passed what !e New York Times called, “One of the World’s Most Ambitious Climate Plans.” #is legislation, the Climate Leadership and Community Protection Act (CLCPA), will move New York’s economy o! fossil fuels, thereby signi"cantly reducing the climate pollution that harms our public health, environment, and economy. #e CLCPA not only codi"es New York’s strong climate and clean energy goals — it also establishes a blueprint for doing so equitably across all sectors of the economy. It was signed into law by Governor Cuomo in July. What is also notable about this session is there were no bills brought to a vote in either the Assembly or Senate that carried our smokestack rating.